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(영문) 전주지방법원 2014.07.15 2014고단481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Criminal facts

around 22:56 on February 13, 2014, the Defendant, while drinking alcohol on the Dives in Wansan-gu, Jeonju-si, Jeonju-si, on the ground that the victim E, who was drinking on the side table table, was drinkingly drinking to the Defendant, had the victim and the victim E, who was drinking on the side table, engaged in a dispute with the victim, and carried out physical fighting with one another, such as drinking bat and drinking.

During that period, the Defendant was faced with the head of the above victim due to an empty disease, which is a dangerous object on the table, and the empty disease of the Defendant faced with the head of the above victim, and the prone disease of the Defendant faced with the head of the above victim, and the prone disease of the shouldered the victim F, who was drinking on the table table above the victim F, was faced with the victim F.

As a result, the Defendant carried a dangerous object, carried an empty baby, thereby causing injury to the victim E, such as an open wound in the part of the head of an unidentified for about two weeks of treatment, and the injury to the victim F for about three weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Police suspect interrogation protocol regarding E;

1. A report on the occurrence of a crime, each investigation report, and evidential materials attached thereto;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects in depth the mistake, etc.);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The consideration shall be given to the defendant in favor of him/her, such as the fact that the victim wants to take the wife of the defendant by mutual consent with the victim and that the result of the victims' damage was not much severe);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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